edited
4th Sep 2020
Australian Citizenship Amendment (Citizenship Cessation) Bill 2020 - Second Reading - Agree with the bill's main idea
Passed by a large majority
No rebellions 52% attendance
3rd Sep 2020, 4:35 PM – Senate Australian Citizenship Amendment (Citizenship Cessation) Bill 2020 - in Committee - PJCIS oversight
Summary
EditThe majority voted against amendments introduced by South Australian Senator Rex Patrick (Independent), which means they failed. According to Senator Patrick:
this is an amendment that seeks to enable the PJCIS [Parliamentary Joint Committee on Intelligence and Security] to have operational oversight of our intelligence services.
Amendment text
(1) Schedule 1, page 19 (after line 25) , after the heading specifying Intelligence Services Act 2001 , insert:
14A Paragraph 29(1) (a)
After "to review the", insert "activities,".
(2) Schedule 1, Part 1, page 20 (after line 2), at the end of the Part, add:
15A Subsections 29(3) and (4)
Repeal the subsections, substitute:
(3) The functions of the Committee do not include:
(a) reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or
(b) conducting inquiries into individual complaints about the activities of ASIO, ASIS, AGO, DIO, ASD, ONI, AFP or the Immigration and Border Protection Department.
15B After section 29
Insert:
29A Ceasing or suspending review of agency activities
(1) If:
(a) the Committee undertakes a review under section 29 of an activity by ASIO, ASIS, AGO, DIO, ASD or ONI; and
(b) the relevant responsible Minister is of the opinion that:
(i) the activity is an ongoing operation; and
(ii) the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia's national security or the conduct of Australia's foreign relations;
the Minister may give to the Committee a certificate in relation to the matter stating the Minister's opinion and the reasons for it.
(2) A decision of the Minister under subsection (1) must not be questioned in any court or tribunal.
(3) Where the Minister gives a certificate under subsection (1) in relation to a review, the Committee must cease or suspend the review.
(4) If the Minister:
(a) becomes aware that the activity is no longer ongoing; or
(b) is no longer of the opinion that the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia's national security or the conduct of Australia's foreign relations;
the Minister must, within 28 days after becoming aware of the fact or forming the view:
(c) revoke the certificate; and
(d) inform the Committee in writing.
(5) If the Minister revokes a certificate in accordance with subsection (4), the Committee may proceed with the review, or commence a new review into the activity.
Votes Not passed by a modest majority
Nobody rebelled against their party.
| Party | Votes | |
|---|---|---|
| Australian Greens (50% turnout) | 4 Yes – 0 No | |
| Mehreen Faruqi NSW | Yes | |
| Sarah Hanson-Young SA | Yes | |
| Nick McKim Tasmania | Yes | |
| Rachel Siewert WA | Yes | |
| Janet Rice Victoria | Absent | |
| Jordon Steele-John WA | Absent | |
| Larissa Waters Queensland | Absent | |
| Peter Whish-Wilson Tasmania | Absent | |
| Australian Labor Party (32% turnout) | 0 Yes – 8 No | |
| Catryna Bilyk Tasmania | No | |
| Don Farrell SA | No | |
| Kristina Keneally NSW | No | |
| Malarndirri McCarthy NT | No | |
| Helen Polley Tasmania | No | |
| Louise Pratt WA | No | |
| Tony Sheldon NSW | No | |
| Jess Walsh Victoria | No | |
| Tim Ayres NSW | Absent | |
| Carol Brown Tasmania | Absent | |
| Kim Carr Victoria | Absent | |
| Anthony Chisholm Queensland | Absent | |
| Raff Ciccone Victoria | Absent | |
| Patrick Dodson WA | Absent | |
| Alex Gallacher SA | Absent | |
| Katy Gallagher ACT | Absent | |
| Nita Green Queensland | Absent | |
| Kimberley Kitching Victoria | Absent | |
| Jenny McAllister NSW | Absent | |
| Deborah O'Neill NSW | Absent | |
| Marielle Smith SA | Absent | |
| Glenn Sterle WA | Absent | |
| Anne Urquhart Tasmania | Absent | |
| Murray Watt Queensland | Absent | |
| Penny Wong SA | Absent | |
| Stirling Griff SA Centre Alliance | Yes | |
| Rex Patrick SA Centre Alliance | Yes | |
| Sam McMahon NT Country Liberal Party | No | |
| Sue Lines WA Deputy President | Absent | |
| Rex Patrick SA Independent | Absent | |
| Jacqui Lambie Tasmania Jacqui Lambie Network | Yes | |
| Liberal National Party (50% turnout) | 0 Yes – 1 No | |
| Matthew Canavan Queensland | No | |
| James McGrath Queensland | Absent | |
| Liberal Party (69% turnout) | 0 Yes – 20 No | |
| Alex Antic SA | No | |
| Wendy Askew Tasmania | No | |
| Andrew Bragg NSW | No | |
| Michaelia Cash WA | No | |
| Claire Chandler Tasmania | No | |
| Richard Colbeck Tasmania | No | |
| Mathias Cormann WA | No | |
| Sarah Henderson Victoria | No | |
| Hollie Hughes NSW | No | |
| Jane Hume Victoria | No | |
| Andrew McLachlan SA | No | |
| Jim Molan NSW | No | |
| James Paterson Victoria | No | |
| Gerard Rennick Queensland | No | |
| Linda Reynolds WA | No | |
| Anne Ruston SA | No | |
| Paul Scarr Queensland | No | |
| Dean Smith WA | No | |
| Amanda Stoker Queensland | No | |
| David Van Victoria | No | |
| Eric Abetz Tasmania | Absent | |
| Simon Birmingham SA | Absent | |
| Slade Brockman WA | Absent | |
| Jonathon Duniam Tasmania | Absent | |
| David Fawcett SA | Absent | |
| Concetta Fierravanti-Wells NSW | Absent | |
| Matt O'Sullivan WA | Absent | |
| Marise Payne NSW | Absent | |
| Zed Seselja ACT | Absent | |
| National Party (33% turnout) | 0 Yes – 1 No | |
| Perin Davey NSW | No | |
| Susan McDonald Queensland | Absent | |
| Bridget McKenzie Victoria | Absent | |
| Pauline Hanson's One Nation Party (0% turnout) | Absent | |
| Pauline Hanson Queensland | Absent | |
| Malcolm Roberts Queensland | Absent | |
| Scott Ryan Victoria President | Absent | |
| Totals (51% turnout) | 7 Yes – 31 No |
Turnout is the percentage of members eligible to vote that did vote.